Custom Adv 1

Legal Provisions

 

Constitution of Kenya, 2010 Article 184. (1) National legislation shall provide for the governance and management of urban areas and cities and shall, in particular—

(a) establish criteria for classifying areas as urban areas and cities,

(b) establish the principles of governance and management of urban areas and cities; and

(c) provide for participation by residents in the governance of urban areas and cities.

County Government Act, 2012 Section 48. (1) Subject to subsection (3), the functions and provision of services of each county government shall be decentralized to—

(a) the urban areas and cities within the county established in accordance with the Urban Areas and Cities Act (No. 13 of 2011);

Urban Areas and Cities Act, 2011 Section 9(1). The county governor may, on the resolution of the county assembly, confer the status of a municipality on a town that meets the criteria set out in subsection (3), by grant of a charter in the prescribed form.

  1. H.E. the Governor has signed the Charter after it was approved by the County Assembly creating Mandera Municipality which is headed by a Municipal Manager (Mr Hassan Noor Adan Abdullahi) and a Municipality Board which comprises of nine:
  • Ibrahim Hassan Malow – Chairperson
  • Abdia Hussein Abdi – Vice Chairperson
  • Salah Maalim Alio – Secretary
  • Kulow Mohamed Sheikh – Member
  • Hussein Maalim Mohamed – Member
  • Famsahara Adan Maalim – Member
  • Abdi Mohamed Ali – Member
  • Mohamed Abdullahi Omar – Member
  • Abshira Alio Hussein – Member

Functions of the Municipality

  • The Municipality of Mandera shall, within the boundaries of the Municipality, perform the following functions:
  1. Promotion, regulation and provision of refuse collection and solid waste  management services;
  2. Promotion and provision of water and sanitation  services and infrastructure (in areas within the Municipality  not served by the Water and Sanitation  Provider);
  3. Construction and maintenance  of urban roads and  associated  infrastructure;
  4. Construction and maintenance of  storm drainage and flood controls;
  5. Construction and maintenance of walkways  and other  non-motorized transport  infrastructure;
  6. Construction and maintenance  of recreational parks and  green spaces;
  7. Construction and maintenance of street lighting;
  8. Construction, maintenance and regulation of traffic controls and parking  facilities;
  9. Construction and maintenance  of bus stands and taxi stands;
  10. Regulations of outdoor  advertising;
  11. Construction, maintenance and regulation of  municipal  markets and  abattoirs;
  12. Construction and maintenance  of fire stations; provision  of fire-fighting  services, emergency  preparedness and disaster  management;
  13. Promotion, regulation and provision of  municipal  sports and  cultural  activities;
  14. Promotion, regulation and provision of animal control and welfare;
  15. Development and enforcement  of municipal plans  and development controls;
  16. Municipal administration services (including construction and maintenance of  administrative  offices);
  17. Promoting and undertaking infrastructural  development  and services within municipality;
  18. Develop the framework of the spatial and  master plans  for the Municipality;
  19. Any other functions as may be delegated by the County Executive Committee.

 

Based on the above functions, the following are the proposed departments within the Municipality with the mandates as stated:

Administrative Services

  1. Financial reporting and documentation.
  2. Procurement of works and services.
  3. Management of Municipal stores and assets.
  4. Management of payroll.
  5. Staff welfare, training and development.
  6. Collection and administration of revenue.
  7. Development of revenue collection guidelines.
  8. Servicing of office equipment.
  9. Proper and secure storage of financial documents.
  10. Performance management and appraisals.
  11. Updating of Municipal websites.
  12. Development of policies on staff management, customer relations, HIV/AIDS etc.
  13. Mapping of revenue sources and streams.
  14. Enforcement of revenue collection.
  15. Automation of revenue collection.
  16. Sensitization on revenue payments.
  17. Coordination of Board services.

MUNICIAPLITY BOARD

Eligibility for Appointment as a Member of the Board of the Municipality

  • In addition to the requirements provided under Section 13(4) of the Urban Areas and Cities Act, 2011, a Board member shall have the following qualifications;
  • holds a diploma from an institution or university recognised in Kenya or its equivalent; and
  • Has proven experience of not less than three years in administration or management either in the public or private sector.

 

Functions of the Board

  • The Board of the Municipality shall perform the following functions:
  1. oversee the affairs of the Municipality;
  2. develop or adopt policies, plans, strategies and programmes and set targets for service delivery;
  3. formulate and implement an integrated development plan;
  4. control land, land sub-division, land development and zoning by public and private sectors for any purpose, including industry, commerce, markets, shopping and other employment centres, residential areas, recreational areas, parks, entertainment, passenger transport, agriculture, and freight and transit stations within the framework of spatial and master plans for the Municipality as delegated by Mandera County Government.
  5. promoting and undertaking infrastructural development and services within Municipality as delegated by Mandera County Government;
  6. developing and managing schemes, including site development in collaboration with the relevant national and county agencies;
  7. maintaining a comprehensive database and information system of the administration;
  8. administering and regulating its internal affairs;
  9. implementing applicable national and county legislation.
  10. entering into contracts, partnerships or joint ventures as it may consider necessary for the discharge of its functions;
  11. monitoring and, where appropriate, regulating municipal services where those services are provided by service providers other than the Board of the Municipality;
  12. preparing and submitting its annual budget estimates to the relevant County Treasury for consideration and submission to the County Assembly for approval as part of the annual County Appropriation Bill;
  13. collecting rates, taxes levies, duties, fees and surcharges on fees as delegated by Mandera County Government;
  14. settling and implementing tariff, rates and tax and debt collection policies as delegated by Mandera County Government;
  15. monitoring the impact and effectiveness of any services, policies, programs or plans;
  16. establishing, implementing and monitoring performance management systems;
  17. promoting a safe and healthy environment;
  18. facilitating and regulating public transport;
  19. performing such other functions as delegated by the Executive Committee of Mandera County Government;

MUNICIPALITY MANAGER

Qualifications for the Municipal Manager

  • The Municipal Manager shall:
  1. Be a citizen of Kenya
  2. Hold a degree from a university recognized in Kenya or its equivalent
  3. Have served and had proven experience in administration or management either in public or private sector for a term of at least five years.
  4. The person satisfies the requirements of Chapter six of the Constitution.
  • In appointing the Municipal Manager, the County Public Service Board shall ensure:
  1. gender equity;
  2. the inclusion of minorities and marginalized communities;

The Municipal Manager need not reside within the Municipality

Powers and functions of the Municipal Manager

The Municipal Manager shall implement the decisions and functions of the Board of the Municipality and shall be answerable to the Board.

The Municipal Manager shall perform the following functions:

  1. Act on behalf of the Board of the Municipality-
  2. In ensuring the execution of the directives of the Board of the Municipality;
  3. During all intervals between meetings of the Board of the Municipality;
  4. Prepare and present for approval of the Board of the Municipality, an annual estimate of revenue and expenditure to fund and carry out the programmes and operations of the Board;
  5. Be principally responsible for building and maintaining a strong alliance and effective working relationships between the Board of the Municipality and the civil society, private sector and community based organizations;
  6. Cause to be prepared, transmitted to the Board of the Municipality, and distributed to the public at least an annual report on the activities and accomplishments of the departments and agencies comprising the executive branch of the Municipality.
  7. Act as an ex-officio member of all committees of the Board of the Municipality; and
  8. Such other functions as the Board may, by order, confer upon the Municipal Manager.
  • The Municipal Manager shall be fully responsible for the proper conduct of the executive and administrative work and affairs of the Municipality. The Municipal Manager shall have the power and shall be required to:
  1. Exercise supervision over all departments and agencies of the Municipality and provide for the coordination of their activities;
  2. Enforce the provisions of this Charter, Municipal By-laws, and all applicable laws;
  3. Exercise powers granted to the Municipal Manager in this Charter, By-laws and applicable laws concerning the appointment and removal of certain officers, employees, and members of committees of the Board of the Municipality;
  4. Exercise such other powers as may be prescribed by this Charter, by-laws and applicable laws.
  • The Municipal Manager must:
  1. Attend all Board of the Municipality meetings unless excused by the Chairperson of the Board or the Board of the Municipality;
  2. Make reports and recommendations to the Board of the Municipality about the needs of the Municipality;
  3. Administer and enforce all Municipality By-laws, resolutions, franchises, leases, contracts, permits, and other Municipality decisions;
  4. Appoint, supervise and remove Municipality employees;
  5. Organize Municipality departments and administrative structure;
  6. Prepare and administer the annual Municipality budget;
  7. Administer Municipality utilities and property;
  8. Encourage and support regional and intergovernmental cooperation;
  9. Promote cooperation among the Board of the Municipality, staff and citizens in developing Municipality policies and building a sense of community;
  10. Perform other duties as directed by the Board of the Municipality;
  11. Delegate duties, but remain responsible for acts of all subordinates.
  12. The Municipal Manager shall have no authority over the Board of the Municipality.
  13. The Municipal Manager shall be entitled to attend meetings of the Board of the Municipality but shall not be entitled to vote.

Municipality

About The County

Administrative and Political Units
Demographic Features
Who We Are
Political Leaders
Press Statements
Image Gallery
Our Projects

OUR CONTACTS

Mandera County Government
P.O. Box 13-70300
Mandera, Kenya
Tel: +254 046 210 4000
Email: info@mandera.go.ke